In a patent infringement and breach of nondisclosure agreement (NDA), involving patents directed toward apparatuses and methods of creating and verifying authenticity of documents such as postage, district court’s judgment is vacated in part, reversed in part, and remanded where: 1) the judgment of noninfringement is vacated as the district court erred in construing the claims; and 2) district court’s grant of summary judgment on the breach of contract claim is reversed as there are material issues of fact in dispute regarding breach of the NDA due to misuse of the confidential information.     

Read Kara Tech., Inc. v. Stamps.com, Inc., No. 09-1027

Appeal from:  United States District Court for the Central District of California

Decided September 24, 2009

Judges

Before Schall, Plager, and Moore, Circuit Judges

Opinion by Moore, Circuit Judge.   

Counsel

For Appellant:  Eliot D. Williams, Baker Bolts LLP, Of New York, Robert C. Scheinfeld

For Appellee:  Phillip J. Graves, Graves Law Office, PC

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